Don't Insist On Rs 20K Deposit From Evicted Slum Dwellers To Consider Rehabilitation Applications : Supreme Court To Surat Municipal Corporation

The bench of Justices AM Khanwilkar and CT Ravikumar however said that if authorities after processing the form found the applicants eligible for allotment of some residential accommodation, it may intimate the concerned person.

The court further asked the applicants to thereafter deposit the amount within 3 months so that applicants can be taken forward and an allotment letter can be issued subject to verification of all other requirements/ conditions as per the governing policy.

"The 1st grievance of Senior Advocate Colin Gonsalves is about the onerous condition insisted upon by the authorities while accepting the forms of deisiring eligible persons for grant of alternative accommodation. He submits that authorities are insisting for depositing 20k at the initial stage itself & in most cases person are not in a position to fulfill that requirement. Keeping that in mind we direct the authorities to accept the forms given by the desirous applicants for grant of alternative accommodation in view of demolished residential house on the railway property without insisting on deposit of Rs 20,000 as pre condition. However, if authorities after processing the form, find the applicable eligible for allotment of some residential accommodation, may intimate the concerned person who may deposit the amount within 3 months so that applicants can be taken forward & allotment letter issued subject to verification of all other requirements/ conditions as per the governing policy," bench said in its order.

The bench also perused the Status Report filed by Director, Land & Amenities Railway Board New Delhi about the steps taken for the encroachment on the railways property thus far. In the report it was mentioned that out of approximately 40,995 encroachments, 35, 814 pertained to Delhi Division of Northern Railway and could not be removed due to pendency of proceedings.

The bench in this regards in the order said,

"Even if the authorities are not in position to take any further steps with regards to the encroachment on the railway property pertaining to Delhi Division for Northern Railway there is no reason why authorities cannot proceed with other encroachments referred to in the chart. If some encroachments are subject matter of court proceedings the app authority must immediately draw attention of the concerned to the order passed by this court on December 16, 2021 & dated 28th January 2022 & invite appropriate directions from concerned court to proceed with process of clearing encroachment on railway property which is affecting the expansion projects."

When the matter was called for hearing, Senior Advocate Mukul Rohatgi for Surat Municipal Corporation submitted that 177 people had taken the forms but not a single form was submitted after being filled up.

Senior Advocate Colin Gonsalves appearing for the petitioners at this juncture submitted that the authorities while accepting the forms of deisiring eligible persons for grant of alternative accommodation were insisting on depositing 20,000/-.

In this regard, he further submitted that in most of the cases, persons were not in position to fulfill the requirement as the families belonged to "Below Poverty Line".

At this juncture, Justice AM Khanwilkar the presiding judge of the bench said, "We'll ask you to fill the form and give an arrangement that 20k you will pay after the applications are decided. We can give you relaxation, we'll ask authority to process it. We may say that condition will not be given effect to when the form is submitted. Once the form is accepted you will have to pay. You can't get anything free of cost."

Senior Advocate Colin Gonsalves further drew Court's attention to the price at which the dwellers were being granted alternate accommodation.

"In Khori Gaon, houses were given at Rs 3.75 lakhs but here they have to give 5.5 lakhs. For Railway lands in Delhi, they had agreed for Rs 1.42 lakhs for habitation. Delhi High Court had passed an order & Lieutenant Governor had issued notification. We have filed 2600 forms but we got surprise that they said that you cannot take the form. 5.5 lakhs is a little high," Senior Counsel said.

At this juncture, the bench sought ASG KM Nataraj's response on the applicability of different parameters for different locations.

"Their grievance seems to be that you apply different parameters for different locations. In Delhi you have not applied PMAY scheme, In Gujarat you have different scheme, in Delhi its different. Poor of Gujarat are richer than the poor of Delhi & Haryana? Please explain to us why different parameters for different states. If it's one scheme, why different rates? Try to locate & relocate the person under the same scheme if they are eligible. You said that they will be accommodated under this scheme which is applicable at different rates. We want you to take instructions for the same on this particular issue. Under the scheme condition is you have to deposit to fill 20k waive it till eligibility is decided. It's not a waiver, it's only prolongation. That process can begin," remarked Justice AM Khanwilkar.

ASG Nataraj at this juncture sought time to seek instructions with regards to the same.

The bench accordingly while directing the authorities to accept the form without insisting on depositing 20,000, adjourned the matter for February 25, 2022 for further directions.

Case Title: Uttran Se Beshthan Railway, Jhopadpati Vikas Mandal, Surat v Government of India and Ors| Diary Number 19714/2021

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